CB Legal’s default services department handles most all matters associated with non-performing real estate, including foreclosure, bankruptcy, litigation, and eviction. Our team of experienced attorneys and paralegals provide the full spectrum of default legal services. Our attorneys have extensive experience representing lender and servicer clients throughout Georgia’s state and federal courts.
At CB Legal, we know that our default clients are often in a position of loss in managing non-performing assets. We understand the sensitive nature of these situations and can facilitate each client’s adjustment to the challenges and expanding regulation of the servicing and lending industries. Our default services department provides the highest level of care and expert legal advice in a cost-effective manner, from beginning to end.
We are actively using the latest technological advances in our process, which is exemplified in our custom foreclosure, bankruptcy and eviction case management system that handles all our client’s needs in an efficient manner. Our team is well-trained in several servicer/lender invoicing and document referral and reporting systems, including Black Knight Financial’s Process Management and Invoice Management systems, VendorScape, iClear, CounselLink, HUD’s Yardi Portal, Freddie Mac’s Quandis/ADR and FNMA’s DRA.
While we do not handle default work in states other than Georgia, as members of the American Legal & Financial Network and other default related attorney networks, we can refer excellent counsel in most other states.
We provide the following default services:
- Non-Judicial Foreclosures – Residential and Commercial
- Judicial Foreclosures – Residential
- Bankruptcy
- Evictions
- Litigation arising from any of the above areas of law.
Foreclosure
We perform residential and commercial foreclosures, both judicial and nonjudicial, in Georgia for lenders and mortgage servicers. Our foreclosure team is dedicated to providing superior customer service to all clients. Our attorneys have the experience and knowledge necessary to clear any title issues or other impediments to get the property to sale on the earliest possible sale date.
Our foreclosure services include, but are not limited to:
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- Nonjudicial Foreclosures – residential and commercial
- Judicial Foreclosures – residential and commercial
- Title Review
- Title Curative
- Preparation of all necessary documents and deeds
- Debt dispute response and resolution
- Preparation of reinstatement and payoff quotes
- Distribution of Excess Sale Proceeds
Bankruptcy
At the request of the client, CB Legal will conduct all bankruptcy related work in addition to foreclosure and eviction proceedings. Our bankruptcy team will ensure an efficient resolution based on extensive knowledge of substantive bankruptcy law and regulatory compliance. Our team will also advise the client of the individual procedures of Trustees and Judges throughout the State of Georgia.
Our bankruptcy services include, but are not limited to:
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- Motions for Reliefs
- Proof of Claims
- Attendance at court hearings
- Reaffirmation Agreements
- Adversary Proceedings
- Objections to Confirmation
- Motions to Approve Loan Modifications
- Payment Change Notices
- Responses to Notice of Final Cures
- Notices of Post-petition Mortgage Fees, Expenses & Charges
Litigation
Our litigation team has vast experience in handling substantive and complex litigation for lenders, loan servicers, title insurance companies and their insureds. We represent clients in all levels of both the state and federal court systems. We take pride in resolving cases in an innovative and cost-effective manner.
Representative cases we have handled include:
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- Defense of wrongful foreclosure actions
- Judicial foreclosure actions
- Confirmation of non-judicial foreclosure sales/deficiency actions
- Equitable subrogation cases
- Reformation of deeds and other declaratory actions
- Suits on notes
- Mortgage fraud litigation
- Protecting creditors’ rights in bankruptcy cases, including preference actions, lien avoidance and other adversary proceedings
- Landlord/Tenant litigation
- Title insurance claims and Closing Protection Letters claims
- Title curative litigation
- Quiet title cases
- Regulatory compliance litigation (TILA, RESPA, ECOA, FCRA, FDCPA)
- Contract disputes
- Boundary and survey disputes
- Trespass, ejectment, encroachment, and private way claims
- Municipal and county code enforcement actions
- Condemnation and forfeiture actions
Eviction
When a lender purchases a foreclosed property and the former owner continues to reside at the property or leaves personal belongings at the property, an eviction or dispossessory proceeding should be filed. Our attorneys will work closely with the lender, as well as the agent, to ensure tenants and/or personal belongings are removed in a professional and timely manner without incident.
We highly recommend a dispossessory action be filed in any case where personal belongings remain on or in the property. Should the former tenant claim valuables had been removed without the court’s permission, the lender can be held responsible.
CB Legal provides the following eviction services:
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- Demand to vacate letter
- Court service of notice
- Attendance at court hearing in the event an answer is filed by the tenant
- Continuing communication between the lender, agent, and tenant to ensure all procedures are handled legally and professionally
- Coordination with the eviction or removal crew, agent, and sheriff or marshal
- Customized status reports